Do you think that a Senior Leader Investigated for Sexual misconduct should return to Unit of Offence?

No, do not return the dirtbag to the leadership position, if there is enough evidence to pursue charges I say throw the book at them!

On the other hande, Yes return them to position if there is no evidence to pursue charges.

That is what the investigations are for - to determine whether there is credible evidence enough to pursue criminal or non-punitive charges against a criminal.

Bear with me here, I do not know the evidence involved in the case you mention herein however, removing someone from position simply because they were investigated is just not right. That is not due process. If it were that easy, anyone could claim sexual misconduct and *wham* you got a new leader....it just does not work that way - both parties have rights, regardless of our personal opinions or attachments to the case, whether we agree with it or not.

If the leader was returned to the position, there was insufficient evidence to prosecute the case. With the addition of the SVAs and emphasis on sexual misconduct there simply was not enough evidence to prosecute. Understand I am simply providing you an outsider perspective and once again, I do not kow the evidence in this case.

You now have the challenge of maintinaing the professionalism within your unit, I suggest visitng with your Legal Assistance folks or with your local IG and getting briefed up on the entire process and sharing that knowledge with the unit along with the focusing on the Army Values focusing on Duty, Respect, Integrity, and personal Courage. Hope this helps - these types of incidents care tear a unit in half so take the offensive here and continue to build your team.

This is the problem with any type of serious allegations. Just conducting the investigation gives an air of guilt. Really, when you think about it, the result will seem to be that either the accused is guilty or the accuser is a liar (or at least an exaggerator).

I was involved as a witness in a 15-6 of a married company commander that went on for over 9 months and involved 5 LT victims. Attempts to keep things quiet completely failed. The whole thing was tried in the court of public opinion as the victims, witnesses, and the accused all attempted to manipulate that opinion in their favor.

The length of the proceedings was a major part of the problem, but there was a desire to be thorough. I really don't know how to make it better. In the past, victims were immediately moved and that had a huge deterrent effect on reporting. Conversely, I agree that immediately removing the accused, as CSM Uhlig pointed out, could potentially encourage groundless accusations.

If there was an investigation that found in favor of the accused, as a leader, your only option is to stand by the results and encourage others to do the same. That's not the same thing as providing endorsement of either side. That's an imperfect answer and I acknowledge it as such.

Huge question is was he/she charged? Were they convicted? Everyone knows that at certain ranks any hint or allegation is a kiss of death for that person's career. If there was an investigation (and there should ALWAYS be an investigation to see if the allegations are true or not, both sides deserve that) and it is proven that it was false or that there was no evidence then leave them in that unit. Otherwise you are looking at this happening all the time just to get rid of their 1SG, CSM, CDR, etc. If charged yes take them and send them to a new unit. If convicted kick them out of the Army. If not convicted evaluate if that person based on everything but that as to whether they should be in a leadership position.